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HomeMy WebLinkAboutAmendment No 3 to OEA - Morris Performing Arts – Ratio Architects, LLC ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 14, 2024 Mr. William A. Browne, Jr. RATIO Architects, LLC 101 South Pennsylvania St. Indianapolis, IN 46204 wbrowne@ratiodesign.com RE: Amendment No. 3 to Owner-Engineer Agreement Dear Mr. Browne: At its May 14, 2024 meeting, the Board of Public Works approved the above referenced amendment for an additional design fee for bidding, for the Morris Performing Arts Center Expansion, Parking Garage, and Plaza Improvements in the amount of $449,350 with a new adjusted total of $1,680,875. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh Page 1 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Dec. 21, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. _3____ 1. Background Data: a. Effective Date of Owner-Engineer Agreement: b. Owner: Board of Public Works, City of South Bend, Indiana c. Architect: RATIO Architects, LLC d. Project: Morris Performing Arts Center Expansion, Parking Garage, and Plaza Improvements “Project” 2. Description of Modifications: a. The Scope of Services currently authorized to be performed by the Architect in accordance with the Agreement and previous amendments, if any, is modified as follows: ADDITIONAL PROJECT SCOPE: Item 1: Provide an updated Current Cost Opinion in preparation for Bidding: $ 5,000.00 Item 2: Provide Bidding and Negotiation Phase Services: $ 44,150.00 Item 3: Provide Construction Administration Phase Services: $353,200.00 Item 4: Provide Post-Costruction Phase Services: $ 25,000.00 Item 5: Provide design services to prepare a request for proposal (RFP) for the City to issue to interested developers for the proposed housing and parking garage development adjacent to the Morris PAC. $22,000.00 (includes reimbursable expenses) Page 2 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. c.For the Additional Services or the modifications to services set forth above, Owner shall pay Architect the following additional or modified compensation: Total Adjusted Amount of: $449,350.00 e.The schedule for rendering services is modified as follows: Construction and Post-Construction Phase Services is anticipated to be completed by November 1, 2025. 3.Agreement Summary (Reference only) a. Original Agreement amount (Final Design Phase): $____670,000.00_______ b. Net change for prior amendments:$_(+) 561,525.00______ c. This amendment amount:$_(+) 449,350.00_______ d. Adjusted Agreement amount:$_ 1,680,875.00 _______ The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is _______05/14/2024___________. OWNER: ARCHITECT: By: By: William A. Browne, Jr. FAIA Title: Title: Principal/CEO Date Signed: Date Signed: May 02, 2024 May 14, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/09/2024 Name Patrick Sherman Department Public Works BPW Date 05/14/2024 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Mickey Lovy Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Ratio Design New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Morris Performing Arts Center Expansion Project Number PROJ00000294 Funding Source PO-00013835 Account No. Multiple from -PROJ00000294 Amount $449,350.00 Terms of Contract EJCDC Amendment Purpose/Description Additional design fee for bidding, construction admin, and post construction services. There is also fee for the consultant to help prepare and RFP for a potential parking garage development adjacent to the Morris. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: